Chevella Siddaiah v. The State Of Telangana

[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36835 OF 2024 Between:

about B0 years, Occ Bachannapet Mandal,

1. Chevella Siddaiah, S/o Chevella Ailaiah, Agriculture, F/o H.No.2-48, ltikyalapally Jangaon District, Telangana State

2. Chevella Swamy, S/o Chevella Siddaiah, Agriculture, R/o H.No.2-48, ltikyalapally Jangaon District, Telangana State Aged Village, about 33 years, Occ Bachannapet Mandal, Aged Village, ...PETITIONERS AND 't. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad

2. The Special Tribunal, Jangaon District

3. The District Collector, Jangaon District, Telangana State

4. The Additional Collector, Jangaon District, Telangana State

5. The Tahsildar, Bachannapet Mandal, Jangaon District, Telangana State

6. Ponna Ravi, S/o Ramulu, Aged about 40 years, Occ Agriculture, Rl/o Aleempur Village, Bachannapet Mandal, Jangaon District, Telangana State

7. Umentala Upender Reddy, S/o Narsi Reddy, Aged about 42 years, Occ Agriculture, Rl/o Aleempur Village, Bachannapet Mandal, Jangaon District, Telangana State B. Ponna Balaiah, S/o Sailu, Aged about 53 years, Occ Agriculture, Rl/ o Aleempur Village, Bachannapet Mandal, Jangaon District, Telangana State

9. Ponna Karunakar, S/o not know to the Petitioner, Aged about 54 years, Occ Agriculture, R/o Aleempur Village, Bachannapet Mandal, Jangaon District, Telangana State l0.Chunchu Ailaiah, S/o Sailu, Aged about 48 years, Occ Agriculture, R/ o Aleempur Village, Bachannapet Mandal, Jangaon District, Telangana State

11. Ponna Kanakaiah, S/o Yadaiah, Aged about 56 years, Occ Agriculture, Rl/ o Aleempur Village, Bachannapet Mandal, Jangaon District, Telangana State '12. Meka Beeraiah, S/o Mallaiah, Aged about 54 years, Occ Agriculture, Ry o Aleempur Village, Bachannapet Mandal, Jangaon District, Telangana State ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction, or any other appropriate Order one in the nature a WRIT OF MANDAMUS, declaring the action of the Resaondent No.4 not

implementing the enquiry report of the Respondent No.5 vide Rc. No.8/223612019 dated 21 . 2.2024, knowing well that the unofficial Respondents have played fraud got mutated over Sy.No.'147, 148, 149 which belongs to the petitioners, basing on the fraudulent doc-aments by mentioning different survey numbers i.e., Sy.No.68.147, 68.148, 68,149, totar extent nearry Ac.32- 00gts, which belongs to Government, ltikyalapally Village, Bachannapet Mandal, Jangaon District, without verifying the same passing the Order vide Rc. No.E314g6t2)21 in Appeal No.ll2378l201B dated 0i .o2.2021 by the Respondent No.2, as illegat, arbitrary and violation of principles of natural justice consequenfly set aside the order vide Rc.No.E3/496/2021 in Appeat No.1/23r\t2o1| dated 01.02.202.1 passed by the Respondent No.2 by directing the Respondent No.

4 to imprement the enquiry report vide Rc.No.8/2236/2019 dated 21.12.2024 passed by the Respondent No.s. lA NO: 1 OF 2024 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No 4 to imprement the enquiry report vide Rc. No.B/2236l2019 daled 21 .12.2024 passed by the Respondent No.S, pending disposal of the main Writ Petition.

Counsel for the Petitioners: SRI M.A.K.MUKHEEO Counsel forthe Respondent Nos.1 TO 5: SRt L.RAVINDER, AGp FOR REVENUE Counsel for the Respondent Nos.6 TO ,t2: - The Court made the following: ORDER

HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.36835 of 2024 ORDER:

This Writ Petition is filed seeking the following relief:- "...writ of mandamus declaring the action of respondent No.4 not implementing the enquiry report submitted by respondent No.5 uide Rc.No.Bl2236/2019, dated 2l .12.2024 knowing well that the unofficial respondent Nos.6 to 12 have played fraud got mutated the Iand in Sy,Nos.147, 148 and 149 which beiongs to the petitioners, basing on the fraudulent documents by mentioning different survey numbers i.e., Sy.No.s 68.747, 68.148 and 68.149, total extent nearly Acs.32.OO guntas which belongs to Government, Itikyalapally Village, Bachannapet Mandal, Jangoan District, without veriffing the same passing the order uide Rc.No.E3/496/ 2O2l in Appeal No.I/237812018, dated 01.02.2021 by respondent No.2, as illegal, arbitrary and violation of principles of natural justice... " 2.

It is stated that respondent Nos.6 to 12 have obtained pattadar passbook by playing fraud for non-existing lands/suruey numbers. It is further stated that respondent No.5 after conducting a detailed enquiry has categorically observed that one Mr.Kamalla Komaraiah and Rasu Mallaiah jointly sold the land to an extent of Acs.S.10 guntas in Sy.No.68.147; Acs.9.l2 guntas in Sy.No.68. 148 and Acs.9.12 guntas in Sy.No.68.149 and on verification of the records, no survey numbers i.e., Sy.Nos.68- 147 or 68.148 or 68. 149 are recorded in any of the pahani of the

1( .1 C]VBR. J wp 36835 2024 itl li village. It is further stated in the report that e name of the sellers of tlrr: rlentioned deeds are not reflecling .rt pattadar I column in the p:rl-ranics cithe r for Sy.No.68 or for Sy.Nos.I47, 148, i 149 of the said Village and consequently, respondent No.S had submitted a report before respondent No.3-District Collector uide Rc.No.B/ 223tt 12019, dated 21.72.2024 for,takins necessary l"

action. Thc grievance of the petitioners is that evpn after receiving i the said reporl, respondent No.3 has not taken any action on the said report either for cancellation of pattadar passbooks issued in ;

e s in the Dharani favour of resl;ondent No.6 or deletion of the entri I Portal.

I i 3.

Considercd the submissions of the learned counsel for the petitioners :rnd Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5 and with their consenl, this writ petition is disposed at theradrnission stage. In vicw of t hc nature of relief sought for in this writ petition, issuance of notice to the unofficial respondent is dispensed with. 4.

Learnr:d counsel for the petitioners !^"

vehemently contended that taking advantage of the entries being made in Dharani Portal and also issuance of pattadar passbooks, respondent Nos.6 to 12 have been receiving various rncentives and

CVBR, J wp_36835-2024 investment subsidies sanctioned from the State Exchequer, for non existing lands.

l 5.

In view of the above submissions and since serious allegations have been made by the petitioners, this Court, instead of examining the same, deems it appropriate to dispose of this writ petition directing respondent No.3 to examine the said issues duly taking into consideration of the report, dated 21 .12.2024 being submitted by respondent No.5 uide proceedings No.Bl2236/2019 after issuing notice to all the effected and interested parties including the petitioners and the unofficial respondents and after verification of the revenue records, pass a reasoned order in accordance with law and communicate the decision thereon to the petitioners. The entire exercise shall be completed within a period of three (O3) months from the date of receipt of a copy of this order. 6.

With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

7.

As a sequel, the miscellaneous petitions pending, if any, sha1l stand closed.

SD/-V. KAVITHA ?

ASSTsTAN(REGISTRAR I \ -r'2-n -{ //TRUE COPY// SEdTION OFFICER To The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana.

The Special Tribunal, Jangaon District The District Collector, Jangaon District, Telangana State The Additional Collector, Jangaon District, Telangana State The Tahsildar, Bachannbpet Mandal, Jangaon District, Telangana State One CC to SRI M.A.K.MUKHEED, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies t( J b PSK.

BS

HIGH COURT DATED:31 11212024

ORDER

I WP.No.36835 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,^.oP(d t' H.-_ 6(,,